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HomeMy WebLinkAboutOCTOBER 9, 2001 . . (j) MINUTES Arcadia City Planning Commission Tuesday, October 9, 2001 7:15 p.m. in the Council Cbambers Planning Commission proceedings are tape"recorded and on file in the office of the Comn'iunity Development Division. PLEDGE OF ALLEGIANCE The Planning Commission of the City of Arcadia met in regular session on Tuesday, October 9, 2001 at 7:15 p.rn. in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman Kalemkiarian presiding. ROLL CALL: PRESENT: ABSENT: Commissioners Huang, Murphy, Olson, Kalemkiarian Commissioner Baderian MOTION It was moved by Commissioner Murphy, seconded by Commissioner Huang to excuse Commissioner Baderian frorn tonight's meeting. The motion passed by voice vote with"none dissenting. QTHERS ATTENDING Council Member Gail Marshall Community Development Administrator Donna Butler Associate Planner James Kasama Assistant Planner CandyceBurnett Assistant Planner Tom Li Senior Administratiye Assistant Silva Vergel SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Ms. Butler said that item nos. 6 and 8 on the agenda are continued to the Planiiing Commission's' November nthrneeting. Ifthere is anyone who would like to speak on the project they may do so now otherwise there will not be areport by staff on those two items. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC HEARING MATTERS (5 MINUTE LIMIT PER PERSON) None MOTION . . It was moved by Commissioner Olson, seconded by Commissioner Huang to read all resolutions by title only and waive reading the full body of the resolution. The motion passed by voice vote with none dissenting. 1. MINUTES 9/25/01 MOTION It was moved by Commissioner OlSon, seconded by Commissioner Murphy to approve the Minutes of Septernber 25th as published. ROLL CALL: AYES: NOES: ABSENT: Commissioners Huang, Murphy; Olson, Kalemkiarian None Commissioner Baderian 2. PUBLIC HEARING CUP 01-008 1023 S. Baldwin Ave. .Margaret Wong Consideration ofa review of the applicant'S computer arcade business to increase the number of computer stations.from20to 30, as stipulated by Planning Commission Resolution No. 1638. RESOLUTION NO. 1658 A resplution of the Planning Commission, of the City of Arcadia, granting CUP 01-008, to increaSe the number of computer stations from 20 to 30 at 1023 S. Bald~ Ave. The staff report was presented and the public hearing was.opened. Margaret Wong, J 107 Holly, Steven Rabi, 5080 S Sultana Ave., Temple City, were present. Mr. Rabi stated that the staffreport is thorough. He indicated that typically their older customers come there later on in the evenings. The crowd grows older as the evening progresses. Generally, jUhior high aged children are there ,until 6:00 p.m., thereafter, their customers are people that come after work and after , that their customers are ones that go there instead of bars. They get busier as,the.week progresses and in the weekends there are 20-30 people waiting to get onto a machine. Therefore; iftbey were allowed to expand, those who are waiting woUld be able to get onto a machine instead of sitting in their waiting room. The extra machines would allow them to accommodate their customers quicker instead of having to wait 3 hours for a 30 minute session. They have at least 2 employees .present during tbe evenings. Stan Ohara, 6743 Cloverly, Arcadia, said he is one of the tenants in the center. His business is located at 1041-3 S. Baldwin Ave. He was seriously concerned with the number of parking spaces'in the center and its ratio to tbe nunlber and uses of the businesses. There are II businesses in tbe center with only 36 parking spaces. There is a parking problem here. During the weekends their customers have to park on Arcadia Ave. As a result of lack of parking, customers are parking in areas where they should not be parking. Consequently, this creates a nuisance. He submitted a petition signed by some of the tenants in opposition with the request of extending the hours and stations. Their parking problem drastically got worse after Thai Pan restaurant went in. ' Arcadia Cily Planning Commission 2 1019/01 . . In rebuttaI, Mr. Rabi said, the Police Report indicates that the younger patrons walk to or are dropped off. They have taken steps to reduce the congestion and have worked with the Thai Pan and the Ahi Grill Restaurants. They have asked their employees to park elsewhere or to carpoo~ walk or bike to work. He indicated that there are 58 parking spaces. He believed that they have done everything in their power to address the parking issue. He did not think that they should carry the burden ofthe parking problem that they did not cause. No one else spoke in favor of or in opposition to this item. Chairman Kalemkiarian closed the public hearing; Ms, Butler indicated the parking is not the issue. Most of the parking problem is a result of the restaurants. The parking in this center is substandard. The question to ask would be does this use exacerbate the parking? Planning does not think so. Based on staffs observation most younger customers are dropped off and this would not compound the situation. The inclusion of 1 0 more stations will not creatc a problem. The Police Dept. is watching these IIses, Staff feels comfortable with their request. Commissioner Olson said this center has parking problems. He felt the increase in the number of stations would not be detrimental. It would cut down on' the waiting period. He felt comfortable and reassured that the Police Dept. was monitoring these situations. He thought this would be appropriate. He agreed with staff with regard to the parking problems. MOTION It was moved by Commissioner Olson, seconded by Commissioner Murphy to approve CUP 01- 008 and adopt Resolution No. 1658 subjecttothe conditions listed in the staff report. ROLL CALL: AYES: NOES: ABSENT: Commissioners Huang, Murphy, Olson, Kalernkiarian None CornmissionerBaderian Chairman Kalernkiarian noted that there is a five wOrking day appeal period after the, adoption of the resolution. Appeals are to be filed by October 16th . 3. PUBLIC HEARING CUP 01-021 660 W. Duarte Rd., #2 Mr. Spencer Way & Ms. Grace Hsiao Consideration Ofa conditional use permit and parking modification to allow an after school education center for up to 30 children, ages 12 to 16 years old, in 2,173 sq. ft. on the second floor ofa two-story commercial building. The staff report was presented. Arcadia City Planning Commission 3 1019101 . . 'Staff said the on-site parking is owned by 660 W. Duarte Rd. The parking behind the building is owned by Bank of America The parking for 660 Duarte Rd. is behind the building but it blends into the parking lotfor Bank of America. Ms. Butler said theZl parking spaces immediately behind California Fed Bank belongs to them bur the remainder belongs to Bank of America. Staffindicated that the entire building would need to be fire sprlnklered if this is approved. The approval of the educational center changes the use, therefore, they must bring the building into compliance with Code. The parking as it exists does not comply including the width of stalls, aisles, and handicap spaces. The parking was designed in the I 960s. Many of the handicap spaces do not meet the current parking standards. The two tandem spaces are located in the fire lane. There is only an 18' driveway which barely accommodates 2-way traffic and it does not meet the standard. Staff said that a complaint was made because the children were congregating behind the building before or after classes. It appears that this issue has already been addressed. Staffhas not been able to locate a docwnent for a mutual parking arrangement. ReStrlping will result in 19 parking spaces. The standard spaces could remain but the handicap parking spaces must be brought up to code. Staff said that'the applicant would not be able to comply with the 67 required parking spaces even if they restriped the parking lot. The employees are currently parking in the shopping center across the street which is owned by the same property owner and is alSo substandard. There are no documents that permit this remote parking arrangement. Ms. Butler'said the buildinga.cross the street is currently vacant. However, there isa request before the Planning Commission on tonight's agenda, for a use at that site;, however, it is being continued to the next. meeting. The public hearing was opened. Kai Chen, 730 Adelyn San Gabriel, was representing the applicant. They realize that parking is an issue. He gave a brief history of the school. There was a misunderstanding between the property owner, who applied for the business license, and the business owner, as to the type of business at the site. They quickly responded to the complaint that was made. Mr. and Mrs. Way will sprinkle the entire building even though it will be very costly. They would like to remain at this location. The staffreport indicates the parking lot -is not congested and the access is very convenient. School hours are staggered and do no.t interfere witb the bank's bours. Generaliy, tbey begin their business as tbe bank-is closing, This is a tutoring center and the parking should not create a problem. ThiS center is geared for students who live and. go to the Arcadia,schools. There are some parents and graduates of this center in the.audience. Mr. Kai said that the owner would install fire sprinklers. The property owner is willing to allow the overflow of parking to his center across the street. Commissioner Murphy asked if the building is for sale because there is a real estate sign posted? Chairman Kalemkiarian asked if they have attempted to fmdanother location? ~ja City Planning Comm:ission 4 1019/01 . . Mr. Kai responded that they did look at other sites but they were unsuccessful in finding a suitable location. They detennined that it is better for them to upgrade the building rather than relocate the business. The sprinklers will be expensive but their clientele would like them to stay at this location. Joe Borland, 660 W. Duarte Rd., the property owner was present. He said that the building is not for sale. He bas permitted the realtors to post their sign as a nice gesture. He bas found that their businesses compliment each other. He has received many of their students who need physical therapy. He thought this was an ideal situation. In the past 1 Y. years that they have been in operation, there has been no problems. There is a 4-hour wall between these two businesses. The building is all concrete. There is no. parking problem and handicap spaces are available. He bas a longstanding relationship and understanding with Bank of America with regard to the parking and circulation arrangement. Elinor LiD, 135 W. Leroy, said she attended this school. She is now a student at Caltech. Ifit were not for them, she probably would not be where she is now. She could not recall any parking problems when she was dropped off there for her sessions. No one else spoke infuvor of or in opposition to this item. Chairman Kalemkiarianclosed the public hearing. Commissioner Huang said that it appears clear that parking is. not an issue. He could see staff's view with regard to parking. They have approved many uses that have, had a deficiency based on code but in reality the.parking lots are empty. He thought this was a similar situation. Commissioner Murphy agreed. He thought that they should not leave this open-ended and should have a time limitation on compliance. Ms. Butler said they are in plan check already. She indicated that there is not enough parking across the street. That is a vacant 7,000 sq. ft. building. She explained the parking requirements for retail. She did not want'to tie this applicant with off site parking. The only way staff would be ih favor of the. off site parking would be if the other center had excess parking by code, which the one in discussion does not. If the Plimning Commission decides to approve this request, then condition 2 should be deleted. They can always revoke the CUP if they do not comply with the'time schedule. Commissioner Olson did not think that parking is a problem although there might be a little cOngestion in late afternoons when the bank is closing and the tutoring center~sstudents are being'droppedoff. Commissioner Murphy said if this was being occupied by a different type of a use, then there would be a parking problem but based on this use, he did not thinkthat it would be anissue. Commissioner Kalemkiarian said that in light of staff'~ concerns, should they review this in 6-months after it has been in operation to see if there are any problems? Ms. Butler said that staff could provide a written report. Commissioner Murphy said that they have approved requests with greater parking deficiencies. He could not see the reasoning behind revisiting this and it would be inappropriate to, ask the applicant to return. Arcadia City Planning Commission . 5 1019/01 '. . Commissioner Olson was in favor of receiving a report, only if there is a problem MOTION It was moved by Commissioner Murphy, seconded by Commissioner Olson to approve CUP 01- 021, file the Negative Declaration, subject to the conditions' listed in the staff report with the amendment that condition 2 shall be deleted. ROLL CALL: AYES: NOES: ABSENT: Co~sionersHuang, Murphy, Olson, KaH:mkiarian None Commissioner Baderian Chairm.an Kalemkiarian .noted. that there is a five working da~ appeal period after the adoption of the resolution. The resolution will be adopted on November I3 . AppealS are to be filed by November 21st, 4. PUBLIC HEARING MP 01-012 & ADR 01-028 44 Fano 81. Nerses Yerjanian Consideration of nlodifications to replace a demolished 660 sq. ft., 2-bedroom dwelling unit with an 1,100 sq. ft., 2-bedroom unit ll;bove a 4-car garage at a legal non-conforming R-3 zoned lot with an existing 3-unit apartment. The staff report Was'presented. Staff explained the density requirements, They could build 2-units and comply with code but 3-units have been approved and built on similar lots with modifications. The configuration would be completely different if they would tear down and rebuild. The public hearing was opened. Jonathan Sagherian, 109 E. Harvard, Glendale, said the Yerjanians purchased this property approximately siX rnonths ago. They were aware that the unit was tom,down but thought they could rebuild it. He explained the size of the existing units. He noted that at the Planning Commission's last meeting, they approved the Housing Element which discusses providing affordable housing. These units would definitely qualify as affordable housing. If they demolished the existing units and built a new project, the units would no longer qualify as "affordable housing", lfthis'request is:approved, they would be promoting and Pfoviding housing for very low and low income households. Complying with the City's requirements'would be a hardship for both the owners and the tenants. The rear of the project from the alley would ,be consistent with what is in the area. They are trying to enhance the existing units and provide better amenities for their tenants. They will be improving the landscaping and some of the current conditions which are illegal will be addressed as a result of this improvement. Nerses Yerjanian, 1181 N. Vinedo, Pasadena, owner, said that the current units are 600 sq. ft. and the rents are approximately $800. Arcadia City PlaMing Commission 6 10/9/01 . . Vic Khachatoorian, 1101 E. Broadway, Glendale, said that they have designed this to meet current codes. They would like to improve the building and some of the existing substandard conditions for their tenants. In response to a question by Chairman Kalemkiarian, Mr. Sagherian said that if they were to tear down and rebuild they could only build a 2-unit project to fully comply with code. If they build a 3-unit project, they would need modifications. But, tearing down is out of the question due to economic hardship for both the property owner and the tenants who would be displaced. They have looked at that option but decided against it. Gemma Hernandez, 44 Fano, said they are one of the tenants. They would like to see the building improved and are excited that their new llmdlord wants to improve their living environment and the added amenities. She subrnitted a petition signed by'a!l the tenants in favor of this request. Mr. Yerjanian remarked that they purchased this property recently. He thanked staff for all the time that they have spent on this project with him. They have come up with the best design for this project. Tearing down is not an option at ,the present time. In the future, they could consider that but at the present time that is impossible. Staff has remarked that approving this request would extend the life of this building indefinitely. Based on the Housing Element that the Planning Commission Just recently approved"there is'a need for.low income housing, which his units qualify as such. His tenants consist of a single mom and her two children, and blue color workers. the rents are affordable for them. The average rent in the City is $1400-$1500 a month, whereas, the rents at his building are $800 a month. Coinmissioner Murphy remarked that this seems extreme. Mr; Sagherian said that even if they were to rebuild they would need a parking modification. Applying the code to tl1is project creates a hardship for both the property owner and the tenants; The property owners would be spending a great deal of money to improve this building. Ms. Butler asked them to explain the reasons for the hardship. She pointed out that when they purchased it, it only had 3-units and not. 4-units. Mr. Yerjanian explained that they are not intending to tear down the building due to the financial hardship nollo mention displacing his existing tenants. Ms. Butler explained what would require abuilding,permit. Varteni Yerjanian, 1181 N., Vinedo, Pasadena, said they knew when they purchased the property'that the fol.lrth unit was there and had hoped to rebuild it. If this request is denied, the condition will remain for at least ten years. They are not intending to sell the building. No one else spoke in fRvor of or in opposition to this item. Chairman Kalemkiarian closed the public hearing. Staff said that the previous owner came in to discussihe scope of the building improvement. He asked for an inspection. When staff visited the site they had tom down the rnajority of the building and the material was in the'trash bin and was termite ridden. The only thing that was left was the slab. Arcadia City Planning Commission 7 10/9/01 . . Commissioner Murphy complimented the applicant forhis efforts in trying to improve the building. He sympathized with both the property owner and the tenants for \Vllat they are going through. But, this request is beyond what he would be willing to consider. He was aware that if this is denied, the building might stay inits'present condition but he felt that this is just a band-aide approach and not a long-term solution. He was opposed to the garage proposal. Ms. Butler said in qrder for them to qualify for low income housing, they would have to register with the State. The eligibility is based upon income and as well as price of units. He could register with Section 8 Housing which is provided by the County. These are older units and do not comply with ,the parking requirements. Commissioner Huang agreed with Commissioner Murphy. It is a shame that the actions taken were without staffs approval. ' Commissioner Olson concurred. The proposal does not secure an appropriate improvernent. It does not provide uniformity of development, nor is .it an unreasonable hardship. The new owners were fully aware of what they were purchasing" The City cannot control rents nor can they guarantee that the same tenants would remain. He could not support this request. MOTION lrwas moved by Commissioner Olson, seconded by Commissioner Murphy to deny MP 01-012 & ADR 01-028 based on findings A, B and C. ROLL CALL: AYES: NOES: ABSENT: Commissioners, Huang, Murphy, Olson, Kalemkiarian , None Commissioner Baderian Chairman Kalemkiarian' noted thatthere is a five working day appeal period. Appeals are wbe filed by October 16th. 5. PUBLIC HEARING, CUP 01-025 5449 Peck Rd. John Beke for Tetra TeCh Wireless for Verizon Wireless Consideration. of a conditional use permit to install, use, and,maintain a 416 sq, ft. wireless cOinmunication facility including a 42' monopole, RESOLUTION NO, 1655 A resolution of the Planning Commission of the City of Arcadia, granting CUP 01-025 for a wireless communication facility at 5449 Peck Rd. The staff report was presented and the public hearing was opened, John Beke, 357 Van Ness Wily, Torrance, said that there would be five Base Transceiver Station (BTS) electronic equipment cabinets. The plan shows 5 BTS units, but they are intending to build only 3. Arcadia City Planning Commission 8 1019/01 . . However, they would like the approval for 5 for the future. These BTS units would be for Verizon and they have used a variety of styles for camouflaging the units. These would be setback 300' from the street. No one else spoke in favor of or in opposition to this item. Chairman Kalemkiarian closed the public hearing. MOTION It was moved by Commissioner Olson, seconded by Conimissioner Murphy to approve CUP 01- 025, the Negative Declaration and adopt Resolution No. 1655, subject to the conditions listed in the staff report. ROLL CALL: AYES: NOES: ABSENT: COl!III'issioners Huang, Murphy, Olson, KalelI'Jdarian None Commissioner Baderian Chairman Kalemkiarian noted that there is a five working day appeal period after the adoption of the resolution, Appeals are to be filed by October 16th. 6. PUBLIC HEARING cup, 01-026 657 W. Duarte Rd. Carlos and Elizabeth Andrino Consideration of a conditional use permit to operate a children's daycareand preschool facility from 6:30 ILm to 6:30 p.m, 5-days a week. This item is being continued to the November 13th meeting. 7. PUBLIC HEARING MP 01-014 317 Warren Way AtronLam Consideration of modification for an 11 '-6" to 14'-0" westerly side yard setback in lieu of 18' -6" required, to add a second story master bedroom addition to an existing one"story dwelling. The staff report was presented and the public hearing was opened. No one spoke in favor of or in opposition to this item. Chairman Kalemkiarian closed the public hearing. MOTION Arcadia City P~nning Commission 9 10/9101 . . It was moved by Conmiissioner Murphy, seconded by Cortunissioner Olson to approve MP 01- 014 subject to the conditions listed in the staff report. ROLL CALL: AYES: NOES: ABSENT: Commissioners Huang, Murphy, Olson, Kalemkiarian None Commissioner Baderian C;:hairman Kalemkiarian noted that there is a five working day appeal period. Appeals are to be filed by October 16m. . 8. PUBLIC HEARING 821 .San Vicente Ibrahim Irawan Consideration of an appeal ofthe Rancho Santa Anita Residents Association's ARB's denial of a proposed 5,888 sq. ft. home with an attached 926 sq. ft. 3-car garage. In addition, the applicant is requesting a modification to permit a front entry height of 20' -0" in lieu of a maximum height of 14'-0", and an encroachment to an existing oak tree that is currently within the site's front yard area This,item is being continued to the November 13m meeting. NON PUBLIC HEARING ITEMS 9. RESOLUTION NO. 1659 A resolution of the Planning Commission of the City of Arcadia, California, granting CUP 01- 019 fora bookstore with computer stations at 815 W. Naomi. Ms. Butler read the title ofthe,resohition. MOTION It was moved by Commissioner Kalemkiarian, seconded by Conmiissioner Olson to adopt Resolution No. 1659 and to formally affll11l.the decision of September 25th and the votes thereon. ROLL CALL: AYES: NOES: ABSENT: Commissioners Huang, Murphy, Olson, Kalemkiarian None Commissioner Baderian MATTERS FROM CITY COUNCIL Arcadia Ci~ Planning Commission 10 10/9/01 . . Council Member Marshall said that Supervisor Antonovich will be holding a Veteran's Day Celebration. MA TIERS FROM PLANNING COMMISSION None MODIFICATION COMMITTEE MEETING ACTIONS None MATIERS FROM STAFF L CITY COUNCIL ACTIONS 2. UPCOMING AGENDA ITEMS Ms. Butler said the ribbon.cutting for the new Historic Museum will be on October 20th. She noted that staff would be bringing new architectural design regulations to be considered by the Planning Commission for commercial, industrial and multiple-family projects in November. Based upon comments by the Planning Commission, it was determined that they would review this at a regular . meeting. ADJOURN TO NOVEMBER 13 Arcadia City Planning Commission II 10/9/01